What Happens After an Assault Arrest in Texas

A How-To Guide for Navigating the Legal Process After an Assault Charge

An assault arrest in Texas is often just the beginning of a long, complex legal journey. Whether you're accused of a simple argument, a domestic dispute, or a serious felony assault, the steps that follow can have a permanent impact on your future — including your record, your job, and your freedom.

In this guide, we’ll walk you through what happens after an assault arrest in Texas, step by step — from the moment you’re handcuffed to the day you walk into court. We’ll explain the key players involved, the evidence prosecutors use, and how a skilled criminal defense attorney near you can step in to protect your rights and change the outcome of your case.

Step 1: You’re Arrested — What Happens First?

If law enforcement believes there is probable cause that an assault occurred, you may be:

• Arrested at the scene, or
• Issued a warrant and arrested later

Texas law defines assault under Penal Code § 22.01 — including acts involving bodily injury, threats, or offensive contact. Many arrests happen on the spot based solely on a verbal complaint, with little to no investigation.

This is especially common in family violence cases, where officers are trained to make an arrest even without physical evidence.

Step 2: Jail Booking and Magistrate Hearing

Once you’re arrested, you’ll be:

• Booked into county jail
• Fingerprinted and photographed
• Assigned a magistrate hearing (within 48 hours)

At your hearing, a magistrate will:

• Formally read the charge
• Set a bond amount or deny bond
• Issue protective orders (especially in family violence cases)

A lawyer near you can often intervene at this early stage to request a lower bond, prevent certain conditions, or challenge probable cause.

Step 3: Evidence Collection Begins

After the arrest, police and prosecutors begin building the case. Evidence may include:

• Victim and witness statements
• Body cam footage or surveillance video
• Medical records or injury photos
• 911 call recordings (Tex. R. Evid. 803(2))
• Cell phone messages or social media posts

Your criminal defense attorney near you can request early access to this evidence, and file motions to suppress illegally obtained or unreliable evidence.

Step 4: The Case Is Sent to Prosecutors

In misdemeanor cases, the charge is filed by the County Attorney’s Office. For felonies, it goes to the District Attorney, and a grand jury will decide whether to issue an indictment.

Misdemeanor Assault:

• Class C or Class A charges
• Handled in County Criminal Court

Felony Assault:

• Includes Aggravated Assault, Strangulation, or Repeat Family Violence
• Assigned to a District Court and requires indictment

See: Misdemeanor vs. Felony Assault Charges in Texas Courts

Step 5: Your First Court Appearance (Arraignment)

You’ll be required to appear before a judge to:

• Enter a plea (Not Guilty, Guilty, No Contest)
• Receive discovery evidence
• Have bond conditions reviewed
• Set dates for future pretrial hearings

Your attorney near you will typically advise you to plead not guilty initially — preserving your rights while they evaluate the case.

Step 6: Pretrial Hearings and Motions

Before trial, your lawyer near you may file motions to:

• Suppress evidence
• Dismiss the case
• Exclude prior bad acts
• Modify bond or protective orders

This is also the time when your attorney:

• Negotiates plea deals
• Seeks pretrial diversion or deferred adjudication
• Gathers defense witnesses or experts

See: Can You Avoid Jail for a First-Time Assault Charge? and Deferred Adjudication for Assault Cases: What It Means

Step 7: Victim Input — But Not Final Say

While prosecutors may consult the alleged victim, that person cannot drop the charge themselves. The State decides whether to pursue prosecution, even against the victim’s wishes.

However, affidavits of non-prosecution, recantation letters, or evidence of mutual combat can be powerful tools your lawyer near you can use to push for dismissal or reduction.

Step 8: Trial or Plea Negotiation

If your case isn’t resolved pretrial, it will proceed to:

• Bench trial (judge only), or
• Jury trial (6-person for misdemeanors, 12-person for felonies)

A plea deal may include:

• Probation or deferred adjudication
• Reduction to a lesser offense
• Dismissal in exchange for classes or restitution

See: Restitution Orders in Assault Cases: Financial Consequences

Step 9: Sentencing and Criminal Record Consequences

If convicted or placed on deferred adjudication, the court will impose:

• Jail or prison time
• Fines and court costs
• Community supervision (probation)
• Restitution
• Mandatory classes or counseling

Even without jail time, your record may show a permanent conviction or family violence finding, affecting:

• Jobs, housing, licenses, and firearm rights

Learn more in: How an Assault Conviction Affects Your Criminal Record

How a Criminal Defense Attorney Near You Can Help — From Day One

An experienced criminal defense attorney near you can step in immediately after arrest to:

• Reduce or eliminate bond
• Protect your rights during interrogation
• Collect favorable evidence before it disappears
• Challenge weak evidence and procedural errors
• Negotiate dismissals or reductions
• Protect your record, reputation, and future

At Walker Law Office, we’ve helped clients in Harris County, Fort Bend County, and Galveston County navigate every phase of an assault case — often achieving dismissals or resolutions without a conviction.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with an experienced criminal defense attorney near you before your case progresses any further.

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